MERALI VISRAM Vs. SHERIFF DEVJI

JUDGEMENT

(1.) This was an appeal against a decree purporting to be made upon an award of the 30th of June 1904 in His Britannic Majesty s Court at Zanzibar, the decree itself, giving effect to the award, was not made until the 7th April 1909.

(2.) The appellant is met at the outset with the objection that no appeal is allowed against the decree passed upon an award, except in so far as that decree can be said to be in excess or contravention of the terms of the award; and it became very clear that this objection must prove fatal to the appeal, as brought.

(3.) Mr. Jinnah for the appellant then asked the leave of the Court to convert the appeal into an application under Section 115 of the Code of Civil Procedure. It has, I think, been the practice of this Court always to allow, in proper cases, appeals to be so converted into applications for the exercise of this Court s power of superintendence and revision. We, therefore, acceded to Mr. Jinndh s request, and we have dealt with what was originally brought before us as an appeal on the footing of its being an application under Section 115.